A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 16, 201, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on May 16, 201, and on March 4, 2016, the Defendant issued a summary order of KRW 3 million to a fine for the same crime.

Although the Defendant had been punished for drunk driving, on February 25, 2020, at around 04:00, the Defendant driven a Dped car from approximately 16 km from the front of the main place in the movement of the Jinhae-gu, Changwon-si to the front road in the same city, under the influence of alcohol concentration of 0.118%, at around 04:0.00.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Making a report on the control of drinking driving;

1. On-site photographs;

1. The actual condition survey report;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine twice (201, 201, 2016) due to drunk driving, even though he was punished by a fine.

During the drinking driving, a traffic accident which has caused the front wheel of the road seat with the front wheel of the driving.

The state of the blood alcohol concentration of 0.118% is not easy.

However, there was no damage due to traffic accidents.

The defendant has no criminal records other than the above-mentioned criminal records.